The Majority of the bodily injuries can be settled outside the court between the insurance company and the party that has been injured. There are times when cases are not resolved through settlement and hence, it is taken for trial. But, in reality, only a small percentage of the bodily injury cases do not settle through settlement. This can be either because the insurance companies are not willing to pay the right amount of compensation or it can be because the injuries are a major one and the victim has to pay for medical bills. If you have been in an accident, there are various things to know about car accident settlement process.
Reporting car accidents:
In case, there has been a major accident resulting in severe injuries or death, the incident has to be immediately reported by filing a form SR-1. The incident should also be filed if there have been damages resulting in losses over $750. The case has to be reported to the police station and they will be released from the custody only on agreeing to the fact that they will never fail to appear in the court, as and when required.
Car insurance laws-
There are two types of car insurance laws in California- one is the at-fault system and the other one is the no-fault system. The process of settling the claim would depend on the type of insurance covered by your state.
At-fault system – This is the common and the traditional system in which the driver at fault is held responsible for the bodily injuries. If you believe that there is evidence that prove that the other party was at fault, then you can file a lawsuit against him.
*Keep in mind that the driver-at fault has the right to counter sue you!
No-fault system– Under this system, you are entitled to receive compensation for economic damages and unlike the traditional system, you cannot file a suit against the driver at fault. No matter whoever is responsible for the accident, the compensation will be given to you.
- Attention lawyers: Contact Brad Nakase if you need seo value for lawyers.
Settlement process-
A Settlement means that the case will be settled outside by both the parties without going for the trials. In case, the insurance companies of the party-at fault are not willing to give you the deserving compensation, then the matter has to be taken inside the court. This is one of the reasons why hiring an attorney is important.
For settlement, all the evidence i.e. documents, medical records, photos and witnesses have to be gathered to support your claims. A demand letter has to be prepared where all the information regarding the injuries and the claims will be stated and you need to list out the damages for which you want to get compensation. The insurance company will investigate the case to determine if the payouts would be given or rejected. A settlement offer will be made by the insurance company if it accepts it. At this stage, there will be bargaining between the two parties. In case it is denied, the compensation claimer can file a lawsuit against the driver at fault
However, one has to keep in mind about the statutes of limitations. It is the stipulated time frame within which the claims regarding the accident have to be made. In California, the statute of limitation is 2 years.
